Jesus Galarza-Villanueva v. H. A. Rios

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER TO RESPONDENT TO FILE THE FOURTH ADMINISTRATIVE APPEAL DECISION ISSUED ON OR ABOUT MARCH 7, 2011

Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner filed the instant federal petition on February 10, 2011. (Doc. 1). In his petition, Petitioner alleges that he had not received the Fourth Administrative Appeal determination at the time he filed his petition for writ. (Doc. 1 at 6) Respondent admits that Petitioner's administrative appeals have been exhausted. (Doc. 11 at 3) Moreover, Exhibit 1to Respondent's Answer, demonstrates that the "nunc pro tunc credit" was "denied" on March 7, 2011. (Doc. 12-1)

Therefore, the Court ORDERS:

1. Within three court days of the filing of this order, Respondent SHALL file the Fourth Administrative Appeal determination made as to Petitioner, on or about March 7, 2011.

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